Sibley v. Leek

Supreme Court of Arkansas

Sibley v. Leek

45 Ark. 346

CourtSupreme Court of Arkansas

DecidedNovember 15, 1885

StatusPublished

Cited by3 cases

This text of 45 Ark. 346 (Sibley v. Leek) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sibley v. Leek, 45 Ark. 346 (Ark. 1885).

Pincite

Opinion

Smith, J.

The cause of action was the killing of' live stock by the train of a railroad operated by a receiver. The action was begun before a justice of the peace, and damages were laid at $130. The'question of jurisdiction has not been raised, but cannot be overlooked. As the damages claimed exceeded $100, and arose out of an injury to personal property, the justice had no jurisdiction over the subject matter of the controversy. Constitution of 1874, Art. 7, Sec. 40; L. R., M. R. & Tex. R'y v. Manees, 44 Ark., 100.

The judgment of the Pulaski circuit court is vacated and the cause dismissed.

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Smith, J.

The cause of action was the killing of' live stock by the train of a railroad operated by a receiver. The action was begun before a justice of the peace, and damages were laid at $130. The'question of jurisdiction has not been raised, but cannot be overlooked. As the damages claimed exceeded $100, and arose out of an injury to personal property, the justice had no jurisdiction over the subject matter of the controversy. Constitution of 1874, Art. 7, Sec. 40; L. R., M. R. & Tex. R'y v. Manees, 44 Ark., 100.

The judgment of the Pulaski circuit court is vacated and the cause dismissed.

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Bluebook (online)

45 Ark. 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sibley-v-leek-ark-1885.

Opinion

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